Commonwealth Consolidated Regulations

OCCUPATIONAL HEALTH AND SAFETY (SAFETY ARRANGEMENTS) REGULATIONS 1991 - REG 22A

         (1)   The returning officer may direct a person to leave the place where the count is being conducted if the person:

                (a)    is not entitled to be present, or to remain present, at the count; or

               (b)    being entitled to be present -- interrupts the count, except as provided by subregulation (2).

         (2)   A candidate's scrutineer who:

                (a)    objects to a decision by the returning officer that a ballot paper is formal or informal, as the case may be; or

               (b)    considers that an error has been made in the conduct of the count;

may interrupt the count and so inform the returning officer.

         (3)   A person must comply with a direction given to him or her under subregulation (1).

Penalty:   5 penalty units.

         (4)   An offence against subregulation (3) is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

         (5)   It is a defence to a prosecution for an offence against subregulation (3) if the person had a reasonable excuse.

Note    A defendant bears an evidential burden in relation to the question whether he or she had a reasonable excuse (see section 13.3 of the Criminal Code ).